Kentucky lawmakers are considering a bill that would ban the state from enforcing existing worker safety laws that are above and beyond federal standards. Critics say it would weaken worker’s rights and put employees in manufacturing, construction, mining, and other dangerous jobs at higher risk. According to state data from 2022, Kentucky’s workplace injury and death rates are higher than the national average.
Dustin Reinstedler, Kentucky AFL-CIO president, said Kentucky needs state laws that match industry-specific needs and challenges.
“There’s so many things like coal mining, the bourbon industry, some of the heavy metals, aluminum and steel manufacturing that we have here that really aren’t in other states,” he explained.
If passed, House Bill 398 would eliminate the right of a worker’s family, clergy, or attorney to request a safety inspection - a right that exists in all other states. It would also shorten the time for an employee to file a worker safety complaint and for the state to issue employer citations.
Supporters of the measure say matching worker safety regulations to the standards set by the federal Occupational Safety and Health Administration will spur economic development. But Reinstedler added that the Commonwealth is already experiencing record economic growth, jobs and capital investment.
“There’s this kind of like false information flying around that somehow there are companies out there saying, ‘Oh gosh, I wish Kentucky would relax their rules against worker safety so we could come there and do business,’ when we know the facts, the data is there,” he continued.
Jason Bailey, executive director of the Kentucky Center for Economic Policy, explained that the bill would also threaten the state with financial penalties for enforcing safety laws.
“Making the state pay court costs, and that really will intimidate the state from issuing citations and incentivize employers to contest them,” he said.
Kentucky’s maximum penalty for workplace safety violations is $7,000 and can hit $70,000 for willful or repeated violations, while OSHA’s is more than $16,000 per violation and $161,000 for willful or repeated violations.
--30--
Written by Nadia Ramlagan for Kentucky News Service.
